Migration Amendment (Evacuation to Safety) Bill 2023 will provide an offer of transfer to Australia from the Minister to all persons in the offshore cohort in Papua New Guinea or the Republic of Nauru at the commencement of this Act, who have not had an adverse security assessment made against them by the Australian Security Intelligence Organisation.
The Bill will compel the Government to offer transfer to Australia to all persons subject to offshore processing still in PNG or Nauru who are not subject to an adverse security assessment by the Australian Security Intelligence Organisation (ASIO). The offer to be transferred to Australia will be made in writing, by the Minister, within one month of commencement of the Act, to all eligible person who are within the offshore cohort remaining in PNG or Nauru, except for those subject to an adverse security assessment by the Australian Security Intelligence Organisation (ASIO).
If a person accepts an offer made, an officer must, as soon as practicable, bring the person to Australia and such persons will automatically be placed into community detention. Also, person receiving the offer under the provisions of this Bill can reject the offer or if the person accepts the offer, is free to withdraw their acceptance of the offer at any time prior to being transferred to Australia.
In addition, this Bill will place all transferred persons into community detention and make any medical assessment and treatment they require available to them, while that person pursues a durable solution for their displacement with a third-country that is a state party to the United Nations’ 1951 Convention Relating to the Status of Refugees or the 1967 Protocol relating to the Status of Refugees.
The Bill is registered on the Federal Register of Legislations on 8 February 2023 and will commence after this Act receives the Royal Assent.
To access the instrument, click here.